The Lawyers Weekly USA Feature’s Attorney Art Krawitz
Country Club liable in accident, jury says

Woman wins $2.5 million judgment
News Journal
Saturday, January 17, 1998
Country Club liable in accident, jury says

By Terri Spencer
Staff Reporter
WILMINGTON-A Superior Court jury Friday ordered Wilmington Country Club to pay $2.5 million to a mother of three who suffered permanent brain damage in a traffic accident as she left the club’s property.

The jury found the club liable for injuries suffered by Cindy Cowee, 33, when her car was smashed broadside by a truck traveling 50 mph on November 13, 1993.

The jury sided with Cowee because the club did not have a stop sign or other warnings that would have prevented her pulling onto Del. 52 into the truck’s path.

Cowee, a videographer who has moved from Wilmington to Connecticut since the accident, has impaired memory and speech and will never work again, said Robert Pasquale, her attorney.

He said it was raining the night of the accident, hampering vision, and that trees lining the club’s entrance road blocked his client’s view of the truck and Del. 52.

Cowee, a first-time visitor to the club, was confused by the entrance road to the Methodist Country Home, which is across Del. 52 from the country club. The two entrance roads line up, giving Cowee the impression that it was one continuous road.

Pasquale said key testimony came from two drivers who left the country club shortly before Cowee. They also said they drove out of its entrance road without stopping, across Del. 52 and onto the Methodist home’s drive. Another driver following Cowee testified that she was not speeding and appeared to be driving safely before the accident.

Pasquale said the club knew the driveway was dangerous and had installed stop signs at the exit to Del. 52. But vandals had taken them down before the accident and the club had not replaced them. The club should have put up temporary warning signs or devices, Pasquale said.

“The club argued that private landowners have no responsibility to put up a stop sign, and legally they don’t,” Pasquale said. “But they do have the responsibility to make their property absolutely safe for their invitees.”

Because of the accident, the state installed a stoplight at the intersection of Del. 52 and the club’s exit, Pasquale said. “But that was too late for Cindy”, he said.

Stephen P. Casarino, the club’s attorney, did not return a call for comment.

Law Firm expands into Sussex County
Jury finds three construction firms liable for damages from 13-foot fall

Injured Worker gets $2.3 million
News Journal, December 15, 2001
Jury finds three construction firms liable for damages from 13-foot fall

By Steven Church
Staff Reporter
A federal jury awarded an ironworker and his wife nearly $2.3 million Friday, ruling that three Delaware construction companies should have done more to protect the man against a 13-foot fall from a construction beam.

Jacob Boyce and Roseann Boyce were awarded the damages in U.S. District Court in Wilmington, a few blocks away from the Wilmington Trust Plaza where the accident happened in 1996, said the couple’s attorney, Debora Aldrich.

The jury ruled that EDIS Co., and Bellevue Holding Co., which managed the construction of the building, and Falcon Steel Co., the building contractor, were responsible for Jacob Boyce’s injuries.

Boyce, 59, of Lansdowne, Pa., was hurt when he fell off a beam during a lunch break and permanently injured his spine and his wrist, Aldrich said.

“He loved to hunt and fish and was a great carpenter,” Roseann Boyce said. “He has lost all of that.”

The jury ordered EDIS and Bellevue to pay half the money awarded to the Boyce’s and Falcon to pay the other half.

Attorney Gary Kaplan, who represented EDIS and Bellevue, would not comment.

An attorney for Falcon Steel could not be reached.

During the trial, the companies had argued that they were in compliance with all government safety guidelines.

Boyce’s lead attorney, Art Krawitz, told jurors that the companies should have followed safety procedures used by other construction companies.

An expert testified that any time a worker might fall more than 6 feet, he or she should be secured with a safety line, said Aldrich. Boyce was not wearing a safety line, she said.

Government safety regulations require only that construction workers facing a potential 30-foot fall be secured with a safety line, Aldrich said.

$6.5 million awarded in child’s death

Sussex Bureau reporter
A Sussex County Superior Court jury has awarded a former Millsboro woman $6.5 million, agreeing with her claims that an emergency-room doctor and nurse practitioner erred in 2000 when they released her toddler from the hospital. The child stopped breathing the next day, and died four days later.

Analy Ventura, now of Reading, Pa., actually will receive much less than the jury awarded. The jury’s award – $700,000 for the child’s pain and suffering, and $5.9 million for Ventura’s mental anguish – was capped at $750,000 by an agreement between her lawyer, Eric Doroshow, and the defendants’ insurer.

Ventura also will pay less than a third of the award in legal fees, Doroshow said.

Ventura sued Beebe Medical Center, Sussex Emergency Associates, Dr. Douglas Allen Jr. and nurse practitioner Betty Brittingham in late 2000. Sussex Emergency Associates is a group of physicians contracted to provide emergency-room services at Beebe. Beebe was dropped as a defendant before the trial began April 21.

Doroshow contended that the medical staff should have kept Ventura’s 14-month-old daughter, Angi Ventura-Landeverde, in the hospital overnight after she was taken to the emergency room Feb. 18, 2000.

The child’s parents took her to the emergency room that evening because she had been vomiting and suffering from dehydration for three days.

The medical staff gave the child fluids during the visit, which lasted about 90 minutes, then discharged the child.

“Our doctors said for an infant this young, you don’t release a baby,” Doroshow said after Wednesday’s verdict.

The defense, however, argued that there was nothing that could have been done by the staff to prevent the child’s death.

In court documents, defense attorney Mason Turner wrote that “admission of the child would have made no difference in the outcome.” He pointed out that the staff discharged her with an antibiotic and instructions to Ventura to bring her back if her condition worsened.

Defense lawyers also introduced evidence at trial that the woman had taken the child to a clinic the day before the emergency room visit.

Clinic staff treated the child and also sent her home with her parents, court records showed.

The results of an autopsy presented by Turner as evidence concluded that the child died of multiple organ failures, or shock.

Officials at Beebe Medical Center said they stand behind Sussex Emergency Associates and the staff.

Dr. Allen and Turner were not available for comment this week.

The so-called “high-low” agreement with the defendants’ insurer guaranteed a minimum payment of $75,000 to the mother, even if the jury rejected her claim, and prohibited either side from appealing the verdict.

MS Award Announcement

The Delaware Chapter of the National Multiple Sclerosis Society presented the Friends of the MS Society Award to Doroshow, Pasquale, Krawitz, Siegel & Bhaya at the Multiple Sclerosis Annual Meeting for the Community Outreach Program on October 6, 2004. Angela Pinto Ross, an associate attorney, and Kara DiCecco, legal nurse consultant, accepted the award on the firms behalf. Doroshow, Pasquale, Krawitz, Siegel & Bhaya was honored for the Community Outreach Programs that Ms. Ross and Ms. DiCecco performed in collaboration with the Multiple Sclerosis Society. Ms. Ross and Ms. DiCecco volunteered their time to present three programs to help disabled claimants with Multiple Sclerosis to obtain their disability benefits.

Law Firm Opens in Milford
Marketing becomes a top priority for Delaware ‘s law firms

By Larry Nagengast
Business Ledger Contributing Writer

In 1978, Eric Doroshow became one of the first lawyers in Delaware to advertise in newspapers and the Yellow Pages.

Coming just one year after a U.S. Supreme Court ruling that opened the door for lawyers to advertise, Doroshow’s action caused a stir within Delaware ‘s genteel, conservative legal community.

Doroshow still practices law, and his two-person firm has grown into the Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, with 20 attorneys in six offices. While Doroshow still advertises, his marketing efforts pale in comparison with the initiatives now being taken by Delaware ‘s older, larger firms that wouldn’t have dared think about advertising a generation ago.

The move into advertising and marketing by Delaware lawyers evolved far more slowly that in most other parts of the country. Brenda Thompson, now a recruiter and marketing consultant for law firms, recalls when she joined the Bayard Firm in Wilmington in 1996 as its marketing and administrative director. At the time, only one other firm had a professional actively engaged in business development, she said.

“I went to a bar association meeting and asked about the marketing directors at other firms. They said, ‘Are you crazy? We don’t have to do that here. This is Delaware .’”

That was then. This is now.

Consider Delaware ‘s oldest law firm, Potter, Anderson & Corroon, founded in 1826. The current chairman, David Brown, remembers older lawyers telling him of the days when handing out business cards was frowned upon.

Potter Anderson, with 67 partners and associates, has turned its marketing over to Jaffe Associates, a public relations consulting firm that specializes in representing lawyers.

“Our practice has largely become a national practice,” Brown explains. Relying on word of mouth and personal relationships for business development, as the premier Delaware firms had done for generations, remains important but is no longer sufficient—not when the competition can be located anywhere in the country. “We’ve got a great firm and we need to make sure people know about it,” Brown says.

Other Delaware firms share that sentiment. Whether they’re facing increased competition locally or from the opening of Wilmington offices of larger firms based in New York , Washington or Philadelphia , or seeking to expand their own reach—they’re turning more often to help from marketing professionals, either as staff members or consultants, Thompson says.

The competition is stiff, not only in seeking new clients but also in finding marketing pros to show the way. “The compensation is phenomenal–$60,000 to $150,000, turnover is high and it’s hard to find professionals with law-firm experience,” Thompson says.

That’s why some firms have signed deals with public relations and marketing specialists. The Jaffe PR people who work for Potter Anderson and the Bayard Firm work from offices in their homes and serve law firms throughout the country. Bayard’s specialist, Pam Ulijasz, works out of Chicago ; Cari Brunelle, who has Potterson Anderson as a client, has a home in Wilmington .

Connolly, Bove, Lodge & Hutz, founded in 1944, is another well-established Wilmington firm that has recently added a marketing director. Nancy Hoffman, who hadn’t worked for a law firm before, joined Connolly Bove last fall after earning an M.B.A. in marketing. Hoffman wears many hats—public relations, media buys, placing and designing ads, helping with newsletters for several of the firm’s practice groups, business development and preparing a strategic business plan—as she works with attorneys in the law firm’s Wilmington, Washington and Los Angeles offices. And she’s won the respect of virtually the entire staff, says Max Walton, an associate at Connolly Bove.

Thompson says it’s particularly tough to be the first marketing director at a firm, because results aren’t instantaneous and partners often have differing expectations. Hoffman faces an additional challenge, Walton notes, in that experts recommend that a firm have a marketing pro for each 40 attorneys on staff. By that measure, the 100-lawyer firm should have two or three. But, he says, “we only have Nancy .”

Hoffman acknowledges that she spends much of her time looking for ways to place Connolly Bove’s name, and the names of its attorneys, in professional publications related to the attorneys’ specialties. Identifying them wasn’t difficult, Walton says, “because we have so many people familiar with the key publications in their practice areas.”

The Bayard Firm also bases its marketing targets on its practice areas, says Douglas Hershman, chair of the 25-lawyer firm’s executive committee. The targeting, however, is quite varied. For trusts and estates, real estate and family law, the marketing is primarily local. But Bayard’s marketing must reach businesses nationwide that might need legal representation in bankruptcy, corporate transactions and commercial, corporate and intellectual property litigation. That means promoting the firm in publications that cover bankruptcy issues, international business, securitization and financing, among others, Hershman says.

In a competitive national legal market, Hershman says, “there is a need not only to be exceptional at the work you do and the client service that you provide, but also to make your capabilities and experience known to current and potential clients.”

As the Delaware firms extend their marketing reach, they often cross paths with larger out-of-state firms that also have offices in Wilmington . One such firm is Saul Ewing, with 260 lawyers spread among eight offices between Newark , N.J. and Washington D.C. Saul Ewing has a 12-person marketing team, headed by Philadelphia-based Steve Carrington.

If marketing law firms seems specialized, marketing within practice areas is even more so. At Saul Ewing, the marketing team is developing marketing packages for each individual attorney. “Each attorney has his own needs, and his own comfort zone,” Carrington says.

Some like to do speaking engagements, others prefer continuing education programs, and others enjoy presenting new ideas to the news media, Carrington says. Saul Ewing customizes the marketing to emphasize each attorney’s strengths and preferences for reaching new clients—but the packaging much be consistent with the objectives of the attorney’s practice group and the firm’s overall branding, he says.

Good marketing pays off in various ways. Not only does it help Saul Ewing expand its client base, it also helps the firm recruit experienced attorneys who want to move to a firm that they feel has a greater potential for career growth, Carrington says. “Attorneys making lateral moves often ask about the marketing capabilities of a firm, so we do play more of a role in lateral recruitment,” he says.

Marketing takes many firms. Saul Ewing, as a regional firm, has found it worthwhile to place billboards and banners in transportation hubs—like the Wilmington Amtrak station and the Philadelphia International Airport . Deardoff Associates, a Wilmington advertising agency, handles the creative work, Carrington says.

Walton, from Connolly, Bove, Lodge & Hutz, helps show his capabilities—and his firm’s—on government issues by teaching classes at the University of Delaware’s Institute of Public Administration.

And Doroshow’s firm is hardly the only one in Delaware to employ its Web site as an educational tool for current and potential clients.

A few months after he began print advertising in 1978, Doroshow’s law office burned down. He wanted to use radio advertising to notify and reassure his clients, but was told this would violate Supreme Court rules.

Now his marketing program includes a weekly legal issues television show on Comcast Cable Channel 28.

Is this what Doroshow envisioned when he bought his first newspaper ad?

”Not in my wildest dreams,” he said. “It’s really amazing.”

Attorney Don Marston to speak at Workers’ Compensation Seminar

Attorney Don Marston will speak to members of the Delaware State Bar Association at the 5th Annual Advanced Workers’ Compensation Seminar sponsored by Sterling Educational Services on Tuesday, September 19th in Wilmington, DE.

Don Marston is an attorney at the Bear office of Doroshow, Pasquale, Krawitz & Bhaya where he practices in the areas of Workers’ Compensation and Personal Injury. Don is former counsel to the Industrial Accident Board for the State of DE and is a frequent speaker at workers’ compensation seminars. He has been a guest speaker on “DE Law”. Don received his bachelor’s degree from the University of Delaware and his J.D. from Widener University School of Law and is a member of the Delaware State Bar Association and the Delaware Trial Lawyers Association.

Don Marston to Speak at Ethanol Hearing

House Concurrent Resolution No. 70 – Blue Ribbon Task Force

Task Force Meeting Dates:
September 26th, 27th & 28th
October 3rd & 4th
10 am – 4 pm
Purpose: The Blue Ribbon Task Force has been established to investigate and make recommendations thereto as to the feasibility of developing a C2H60/C2H5OH Ethanol Plant and Delivery System within the State of Delaware.



Task Force Members

Terry R. Spence, Speaker of the House and Task Force – Chair
Joseph Booth, Representative
George H. Bunting, Jr., Senator
Catherine L. Cloutier, Senator
Nancy W. Cook, Senator
Bethany A. Hall-Long, Representative
Harris B. McDowell, III, Senator
Pamela J. Thornburg, Representative


Department/Business Appointments

Robert Baker, President, DE Farm Bureau
Patricia Ellis, DNREC
Michael Scuse, Secretary, Department of Agriculture


Task Force Appointed House Staff

Thomas L. Little, Appointed Task Force Staff Attorney (302)-252-1240
Marilyn K. Porter, Appointed Secretary (302)-744-4127



HCR No. 70
The agenda has reserved fifteen-minute time-slots at the end of each presentation for questions and comments. Speakers are asked to limit presentations (½ hour to 45 minutes) in order to accommodate.
September 26, 2006
10:00 am
Call to Order and Introductions – Terry R. Spence, Speaker of the House, Chair

10:15-11:00 am
Delaware Leadership for the Emerging Biofuel Economy
– Kevin Wade – Philadelphia Control Systems
Questions and Comments

11:15-12:00 pm
The Advantages of Bio-fuels vs. Petro Fuels Relative to Air Pollution and CO2 Emissions
– Barrett N. Rock, Ph.D. – Professor of Natural Resources, University of New Hampshire
Questions and Comments

12:15-1:00 pm
Legal Challenges of Implementation of Ethanol/Biofuel Facilities
– Don Marston, Esquire Doroshow, Pasquale, Krawitz & Bhaya- 1701 Pulaski Highway Bear, DE
Questions and Comments

1:15 pm – Lunch

2:15-3:00 pm
Transportation Challenges and Flexible Fuel Vehicle Recommendations
– Mary Beth Stanek- General Motors Corp., Wilmington Plant
Questions and Comments

3:15-4:00 pm
Importance of Readily Available, Low-Cost Ethanol to Fuel Capable Vehicles
– Mr. Loren Beard, Ph.D. – DaimlerChrysler Corporation
Questions and Comments

4:00 pm – Adjourn

September 27, 2006

10:00 am
Call to Order and Introductions- Terry R. Spence, Speaker of the House – Chair

10:15-11:00 am
Private-Sector Perspectives on Biofuel Opportunities
– Mark Grecco – Owner, Sweet Oil Company
Questions and Comments




HCR No. 70
The agenda has reserved fifteen-minute time-slots at the end of each presentation for questions and comments. Speakers are asked to limit presentations (½ hour to 45 minutes) in order to accommodate.
September 27, 2006 Continued

11:15-12:00 pm
Open Q&A Forum

12:15 pm – Lunch

1:15-2:00 pm
Experiences in Bringing Biodiesel Plant to Clayton, Delaware
– Marty Ross – President, Mid-Atlantic Biofuels – Clayton Delaware
Questions and Comments

2:15-3:00 pm
DNREC-Experience in Bringing Alternative Fuel Station & Vehicles to Delaware & Grant Information
– Suzanne Sebastian, Energy Program Planner IV, Office of the Secretary
Questions and Comments


September 28, 2006

10:00 am
Call to Order and Introductions- Terry R. Spence, Speaker of the House – Chair

10:15-11:00 am
The Coastal Zone Act and Brownfield Issues on the Setting of an Ethanol Plant in Delaware
– David S. Swayze, Esq., – Parkowski, Guerke & Swayze, P.A.
Questions and Comments

11:15-12:00 pm
Ethanol Issues in Delaware
– John Fetter, FSI Energy
Questions and Comments

12:15 pm – Lunch

1:15-2:00 pm
BioButanol – The Next Biofuel
Robert R. Dorsch, Retired, Director, Biotechnology Business Development, Dupont Corporation, Biofuels Business Unit
Questions and Comments

2:30-3:15 pm
Interest in Using Locally Produced Delaware Ethanol for Today’s 10% Gasoline Blend
– Andrew Kenner, General Manager, Valero
Questions and Comments



HCR No. 70
The agenda has reserved fifteen-minute time-slots at the end of each presentation for questions and comments. Speakers are asked to limit presentations (½ hour to 45 minutes) in order to accommodate.

October 3, 2006

10:00 am
Call to Order and Introductions- Terry R. Spence, Speaker of the House – Chair

10:15-11:00 am
Man-Hours Equal Investment-Potential Employment
– Harry Gravell- President of Delaware Building Trades Council
Questions and Comments

11:15-12:00 pm
DNREC – Ethanol – Air Impacts
– James D. Werner, Director, Division of Air & Waste Management
Questions and Comments

12:15 pm Lunch

1:15-2:00 pm
DNREC-Requirements – Clean Air and Energy Policy Acts
– Patricia Ellis, Hydrologist V, Tank Management Branch
Questions and Comments

2:15-3:00 pm
DNREC-E85 Compatibility and Tank Issues in Delaware
– Peter Rollo, Engineer IV, Tank Management Branch
Questions and Comments

3:15-4:00 pm
DNREC-Coastal Zone Act Relevance to Ethanol Plants
– Philip Cherry, Program Administrator, Policy & Planning, Office of the Secretary
Questions and Comments


October 4, 2006
10:00 am
Call to Order and Introductions- Terry R. Spence, Speaker of the House – Chair

10:15-11:00 am
Research & Development Focus
– Professor Richard Wool – Chemical Engineering, UOD
Questions and Comments

11:15-12:00 am
EPA Research & Development. Expertise Technologies for Production of Ethanol
– Leland M. Vane, Ph.D. – U.S. Environmental Protection Agency
Questions and Comments



HCR No. 70
The agenda has reserved fifteen-minute time-slots at the end of each presentation for questions and comments. Speakers are asked to limit presentations (½ hour to 45 minutes) in order to accommodate.

October 4, 2006 Continued

12:15 – Lunch

1:15-2:00 pm
Biofuels & Delaware
– Rich Heffron, Senior Vice President for Government Affairs, State Chamber of Commerce
Questions and Comments

2:15 – 4:00 pm
Roundtable Discussion and Recommendations